SC Orders Suo Motu Transfer Of Haryana Judicial Service Exam Scam Case From P&H HC To SC [Read Order]

The Supreme Court has taken suo motu cognizance of question paper leak in the Haryana Judicial  Service (Preliminary) Examination-2017

A Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud on Thursday ordered the matter to be transferred to the Apex Court. The case will now be heard on 20 November.

The Petition before the High Court had been filed by a candidate, Ms. Suman, who had alleged that a day prior to the examination, she was approached by one Sunita and one Sushila, who offered to provide her with the question paper for a payment of Rs. 1 crore. The duo also disclosed to her at least two questions, which actually appeared in the paper a day later.

The High Court had, thereafter, scrapped the Haryana Judicial Service [HCS (JB)] Preliminary Examination-2017, on recommendation of the Recruitment/Promotion/ Court Creation Committee (Subordinate Judicial Services) of the High Court, which had found that some of the candidates did have access to the question paper.

The Bench comprising Justice Rajesh Bindal, Justice Rajan Gupta and Justice G.S. Sandhawalia was informed that in total 760 calls and SMSs were exchanged between Dr. Sharma and one of the conspirers, Ms. Sunita, in the last one year. The Committee had then recommended registration of an FIR and disciplinary action against the Registrar, as well as his transfer from the post, pending further action.

Soon after, the Chandigarh Police had registered an FIR against Dr. Balwinder Kumar Sharma, Registrar of the High Court, under Sections 8 (taking gratification by corrupt or illegal means to influence public servant), 9 (taking gratification, for exercise of personal influence with public servant) and 13 (criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988 and Sections 409 (criminal breach of trust), 420 (cheating) and 120-B (criminal conspiracy) of the Indian Penal Code.